Robert Edward Battaile v. Texas Elections Division, Hon. Jane Nelson; Texas Secretary of State; Jeffrey Travillion, Travis County Commissioner

ACCEPTED
15-25-00142-CV
FIFTEENTH COURT OF APPEALS
AUSTIN, TEXAS
10/24/2025 11:44 AM
NO. 15-25-00142-CV CHRISTOPHER A. PRINE
CLERK
15th COURT OF APPEALS RECEIVED IN
15th COURT OF APPEALS
AUSTIN, TEXAS
10/24/2025 11:44:00 AM
ROBERT EDWARD BATTAILE, Appellant/Relator
CHRISTOPHER A. PRINE
Clerk

V.

TEXAS ELECTIONS DIVISION; HON. JANE NELSON; TEXAS
SECRETARY OF STATE, ET AL., Appellees/Respondents
___________________________________________________________
On Appeal from the 459th District Court
Travis County, Texas
Trial Court Cause No. D-1-GN-25-000719
___________________________________________________________

NOTICE OF NEWLY DISCOVERED EVIDENCE OF

CONCEALMENT AND CONTINUED RETALIATION (PIR-264-2025)

Appellant, Robert Edward Battaile, files this Notice pursuant to Texas

Rules of Appellate Procedure 38.7 and 10.5(b) to supplement the appellate

record with newly discovered evidence of concealment of public records by

City of Manor officials Brittany Lopez, Asst. City Secretary and Lluvia

Almaraz, City Secretary acting under the supervision of City Manager,

Leslie Scott Moore; and by City Atty, Shruti Vanaparthy Knights Law Firm.

I. STATEMENT OF FACTS

–1– 15-25-00142-CV
City staff Brittany Lopez and Lluvia Almaraz twice issued “No

Responsive Records” answers to Appellant’s Public Information Request

No. PIR-264-2025, denying the existence of Ground-Penetrating-Radar

(GPR) mapping data and related financial documentation for which the City

paid $32,500.

City Attorney Shruti Vanaparthy of Knights Law Firm ratified those

denials and refused to forward the matter to the Texas Attorney General as

required by Texas Government Code § 552.301(b), instead writing, “This is

not a Class C misdemeanor…the court does not have jurisdiction over this

complaint.” The City of Manor employees act under the authority and

supervision of City Manager Leslie Scott Moore, establishing a degree of

managerial knowledge and control of the concealment. There is a direct line

of communication between the City Manager and the City Attorneys.

Exhibits A–F collectively show a coordinated effort to obstruct lawful

access to public information; and to retaliate against Appellant for exposing

election coercion and record-keeping misconduct that relate to further

–2– 15-25-00142-CV
evidence of private developer harms, city funds/staff misuse and a pattern of

Manor Police Department lack of investigation and enforcement.

II. RELEVANCE AND ONGOING RETALIATION

On October 21, 2025 Appellant filed two police complaints (Exhibits A

and B), a municipal-court complaint (Exhibit C), and the original Public

Information Act correspondence (Exhibit D) to preserve contemporaneous

evidence. Based on numerous prior experiences with the City of Manor and

its Police Department, such matters are routinely delayed and ultimately

classified as “inactive” without any substantive investigation or follow-up.

This repeated pattern of administrative inaction in the face of clear evidence

of wrongdoing demonstrates an institutional practice of protecting insiders

and retaliating against those who expose official misconduct.

III. CONNECTION TO THE HISTORIC MCVEY (MCVADE)

CEMETERY AND ONGOING MISUSE OF PUBLIC AUTHORITY

Note that the spelling on the 1906 Deed registered at Travis County

shows the spelling as Martin McVey. Appellant has also seen payment

receipt documents as “McVay” and the Purchaser/Sexton (caretaker) was

buried as Martin McVade circa 1940 – not at his “Cemetery Lot” but at the

–3– 15-25-00142-CV
“out-of-town” black Cemetery – Parks Spring. More recently, the family has

been using the name “McVade.”

The concealed records under PIR-264-2025 concern the City’s

commissioned $32,500 Ground-Penetrating-Radar (GPR) mapping of the

Manor Cemetery. However, that survey excluded the adjoining 0.5-acre

Martin McVey Cemetery parcel, located immediately adjacent to and

sharing the western fence line at the north end of the main cemetery tract.

Historic records—including an original 1906 deed conveying the property

“for a cemetery lot”—and photographic evidence of densely packed lilies

strongly indicate the presence of unmarked graves on that site.

– See also Plaintiff's Appendix One Revision One pgs 15:42

Despite this knowledge, City officials under the supervision of City

Manager Leslie Scott Moore authorized or permitted City crews to mow and

clear portions of the McVey tract using City equipment and labor, thereby

spending taxpayer resources on a private developer’s property and disturbing

potential burial grounds. These actions were the subject of two prior police

reports, both later classified as “inactive” without meaningful inquiry.

–4– 15-25-00142-CV
The City’s refusal to disclose the full GPR records, combined with its

decision to omit the very parcel most likely to contain historic burials,

demonstrates deliberate obstruction of truth and ongoing retaliation. The

concealment protects current development interests while erasing Manor’s

earliest Black cemetery history—an act wholly incompatible with the City’s

ethical and legal obligations under the Texas Government Code and the

Public Trust Doctrine.

Appellant’s efforts to obtain the concealed GPR records are made in good

faith and for a deeply personal and legitimate purpose—to identify a suitable

burial site for his friend, Donald McVade, who was recently murdered and

whose remains remain at the Travis County Medical Examiner’s Office.

This effort is not intended to build litigation leverage but to ensure a

dignified and historically appropriate resting place near the Martin

McVay/McVade Cemetery, the original 1906 “cemetery lot” conveyed for

burial use. Based upon 25-year generations, Martin McVey could be Donald

McVade's Great-Great-Grandfather. Interestingly, the parcel sold to Mr.

McVey was sold by A.E. Lane. Mr. Lane also sold or donated much of the

parcels that became the out-of-town black cemetery, Parks Spring.

The McVade parcel, which adjoins the Manor Cemetery along the

–5– 15-25-00142-CV
western fence line at the north end, contains visible rows of densely packed

lilies that align with the likely locations of unmarked graves from the early

20th century. The City’s refusal to disclose or extend the GPR mapping to

this adjacent tract has prevented even a basic act of respect and

commemoration. These omissions demonstrate that what began as a public-

records dispute has evolved into a moral and cultural failure of governance.

Appellant has repeatedly copied and notified Travis County officials,

including at live-streamed County Commission meetings; and those within

the County Attorney’s Office, the District Attorney, and other oversight

channels, of this and other similar Public Information Act breaches and

related civil-rights violations through documented emails that also include

the Texas Attorney General’s Office.

At the State level, Appellant spoke to the Senate Committee on Natural

Resources and Economic Development on June 13, 2024. The topic was:

Preserving Texas History: Review the historical site district designation

and how such designations contribute to cultural preservation, tourism, and

community identity. Report on what impact this historical designation would

have on property values, site preservation, and educational opportunities

within certain districts including, but not limited to, the San Jacinto

–6– 15-25-00142-CV
Battlefield, the Alamo complex, Washington-on-the-Brazos, and Goliad. In

the year-and-a-half since, neither the Senate nor the in-attendance Texas

Historical Commission had done anything to save Manor Heritage, other

than provide a copy of State and US protective Statutes on their website.

This sustained pattern of administrative silence and non-enforcement

supports Appellant’s contention that sovereign immunity cannot shield such

ultra vires conduct or deliberate indifference to citizens’ rights under both

state and federal law.

IV. PRAYER FOR RELIEF

Appellant respectfully requests that the Fifteenth Court of Appeals take

judicial notice of the attached evidence, accept this Notice for filing as

supplemental record material, and recognize the continuing pattern of

concealment and retaliation relevant to all pending appellate issues arising

from Cause No. D-1-GN-25-000719.

Respectfully submitted this 22nd day of October, 2025 by,

/s/ Robert Edward Battaile
ROBERT EDWARD BATTAILE (Pro Se)
502 E Eggleston St., Unit B Manor, TX 78653
Email: robert@manortx.us Phone: 512-662-2955

–7– 15-25-00142-CV
List of Exhibits:
Exhibit A: Police Report – Lopez & Almaraz (PIR-264-2025 “No
Responsive Records”)
Exhibit B: Police Report – Shruti Vanaparthy / Knights Law Firm
Exhibit C: Complaint Filed with Manor Municipal Court re PIA Violation
Exhibit D: Public Information Request and City Responses (“No Responsive
Records” and Attached Agreement with LSI signed by Almaraz and Moore.)

Exhbit E: Prior insufficient answer from 7-18-25 FOIA Request re McVey
cemetery desecration using city funds and equipment on private lots.

Exhibit F: Relator's photos showing Map, 1906 Deed entry and likely graves
relative to the Manor Cemetery and McVey parcel purchased "cemetery lot."

Exhbit G. 1940 Aerial Photo showing Homestead at left and the Cemetery at
upper right with McVade home which likely was a Chapel and Mortuary.

Exhibit H: 1940's Aerial Photo Showing Homestead at left and the Cemetery at upper
right with Martin McVade cinderblock home that likely was a Mortuary and Chapel.

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing correspondence
was served on all counsel and parties of record on October 22, 2025, via the
eFileTexas system.
/s/ Robert Edward Battaile
Robert Edward Battaile, Pro Se

–8– 15-25-00142-CV
EXHIBIT A
EXHIBIT B
EXHIBIT C
Exhibit C - 15-25-00142-CV
Shruti Vanaparthy

20 October 25

This is not a Class C misdemeanor under the cited section. The court does not
have jurisdiction over this complaint.
EXHIBIT D. FOIA REQUEST DOCUMENTS partially provided
1) I would like to see the results of GPR mapping of the Manor
Cemetery that was done-NO RESPONSIVE RECORDS

2) a copy of the Agreement with the contractor - ATTACHED

3) please tell me what financial account that expenditure was drawn
from- NO RESPONSIVE RECORDS

4) Please tell me the date of the City Council meeting that said
expenditure was approved so that I may review the minutes of that
meeting-ATTACHED.
EXIHIBIT E.
EXHIBIT F.
EXHIBIT G.
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 107257835
Filing Code Description: Other Document
Filing Description: NOTICE OF FOIA VIOLATIONS BY CITY STAFF AND
CITY ATTYS RE: MCVEY AND MANOR CEMETERY RECORDS
Status as of 10/24/2025 12:00 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeffrey Hobbs 24012837 jhobbs@abaustin.com 10/24/2025 11:44:00 AM SENT

Michael Kabat 24050847 mkabat@mcginnislaw.com 10/24/2025 11:44:00 AM SENT

Joanna Salinas 791122 joanna.salinas@fletcherfarley.com 10/24/2025 11:44:00 AM SENT

William Davidson 5447000 bdavidson@chmc-law.com 10/24/2025 11:44:00 AM SENT

Gavin Villareal 24008211 gavin.villareal@bakerbotts.com 10/24/2025 11:44:00 AM SENT

Michael Roberts 24082153 mroberts@jw.com 10/24/2025 11:44:00 AM SENT

Cynthia Veidt 24028092 cynthia.veidt@traviscountytx.gov 10/24/2025 11:44:00 AM SENT

Stephanie Serrano 24092655 sserrano@rothberg.law 10/24/2025 11:44:00 AM SENT

Kevin O'Hanlon 15235500 kohanlon@808west.com 10/24/2025 11:44:00 AM SENT

Patrick Kelly 11228000 pat.kelly@traviscountytx.gov 10/24/2025 11:44:00 AM SENT

Tyler Ryska 24096597 tryska@rigbyslack.com 10/24/2025 11:44:00 AM SENT

Austin Jones 24116579 ajones@mcginnislaw.com 10/24/2025 11:44:00 AM SENT

William Duncan 24124453 wduncan@rigbyslack.com 10/24/2025 11:44:00 AM SENT

Roy Adams roy.adams@oag.texas.gov 10/24/2025 11:44:00 AM SENT

Victoria Gomez victoria.gomez@oag.texas.gov 10/24/2025 11:44:00 AM SENT

Lauren Bush 24142742 lbush@jw.com 10/24/2025 11:44:00 AM SENT

Anna Puff 24144206 gtwnfilings@sneedvine.com 10/24/2025 11:44:00 AM SENT

Edward Smith 24037790 esmith@808west.com 10/24/2025 11:44:00 AM SENT

Robert EdwardBattaile robert@manortx.us 10/24/2025 11:44:00 AM SENT

Annette Bittick abittick@mcginnislaw.com 10/24/2025 11:44:00 AM SENT

Patricia Muniz paralegal@rigbyslack.com 10/24/2025 11:44:00 AM SENT

Raylynn Howell raylynn.howell@bakerbotts.com 10/24/2025 11:44:00 AM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 107257835
Filing Code Description: Other Document
Filing Description: NOTICE OF FOIA VIOLATIONS BY CITY STAFF AND
CITY ATTYS RE: MCVEY AND MANOR CEMETERY RECORDS
Status as of 10/24/2025 12:00 PM CST

Case Contacts

Raylynn Howell raylynn.howell@bakerbotts.com 10/24/2025 11:44:00 AM SENT

Kim McBride kmcbride@mcginnislaw.com 10/24/2025 11:44:00 AM SENT

Lea Ohrstrom lohrstrom@808west.com 10/24/2025 11:44:00 AM SENT

Sneed Vine &Perry gtwnfilings@sneedvine.com 10/24/2025 11:44:00 AM SENT

Stormy Downing sdowning@rrspllc.com 10/24/2025 11:44:00 AM SENT

Andy Soule asoule@rrspllc.com 10/24/2025 11:44:00 AM SENT

Karah Powers kpowers@chmc-law.com 10/24/2025 11:44:00 AM SENT

Martha AnnAdams madams@abaustin.com 10/24/2025 11:44:00 AM SENT

Benjamin C. Hunt ben.hunt@bakerbotts.com 10/24/2025 11:44:00 AM SENT

Eldridge Burns eburns@rrspllc.com 10/24/2025 11:44:00 AM SENT

Amy Botelho abotelho@mcginnislaw.com 10/24/2025 11:44:00 AM SENT

Carol Shipley cshipley@rrspllc.com 10/24/2025 11:44:00 AM SENT

Emily Hill ehill@manortx.gov 10/24/2025 11:44:00 AM SENT

Anne Weir aweir@manortx.gov 10/24/2025 11:44:00 AM SENT